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(영문) 서울중앙지방법원 2020.10.21 2020고단4739
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 26, 2020, at around 03:30 on June 26, 2020, the Defendant: (a) was walking along the Defendant’s “C” in front of the operation of the Defendant located in Jung-gu Seoul, Seoul; (b) was faced with a disturbance while avoiding disturbance; (c) was removed from the circumstances where the Defendant was affiliated with the Seoul Middle-gu Seoul Central Police Station Diplomatic Police Station that was under the situation service; and (d) was able to avoid disturbance by opening the station box before the said D police box located in Jung-gu, Seoul.

On June 26, 2020, the Defendant: (a) around 03:35 on June 26, 2020, around the police box, entered the entrance door to restrain the Defendant’s disturbance by cutting the door in the said box; and (b) sealed the head of the police station by hand.

Accordingly, the defendant interfered with legitimate execution of duties in response to civil petitions by the police officers, the protection of the lives, bodies and property of the people, and the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Public official certificates;

1. Application of the Acts and subordinate statutes to documentary evidence pictures and video CDs;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after the crime, the sentence is determined as ordered.

The crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and needs to be punished for the purpose of establishing national legal order and eradicating the light of public authority.

The Defendant: (a) found the Defendant at the police box and her entrance was sculed and sculed on the ground that the Defendant prevented the Defendant from causing disturbance at night; and (b) sculing the head of the victimized police officer; and (c) in light of the circumstances of the crime, method of the crime, etc., the Defendant committed a crime.

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